Raju Sah @ Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11985 of 2019 Arising Out of PS. Case No.-387 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Raju Sah @ Raju Kumar, Son of Jhapsi Sah Resident of Village - Jale, near Mahadev Asthan P.S.-Darbhanga, District - Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Sinha For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2019 Heard learned counsels for the petitioner and the State.
The petitioner, being the son of the sister of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the IPC. The prosecution case, as per the written report of Nathuni Sah, dated 06.07.2018, submitted to the Station House Officer, Runnisaidpur Police Station, is to the effect that the informant's daughter was married with Saukhi Sah in the year 2016, but subsequent to the marriage, further dowry demand of a motorcycle was made and due to non-fulfillment of the same,
Patna High Court CR. MISC. No.11985 of 2019(2) dt.27-02-2019 2/3 the daughter of the informant was tortured by the petitioner and other in-laws family members. Ultimately, on 05.07.2018, all the FIR named accused persons including the petitioner killed the daughter of the informant.
It is submitted by learned counsel for the petitioner that the petitioner is not the family member of the husband of the victim, rather, he is relative to the in-law family members of the victim. Thrust of accusation is against the husband of the victim and the accusation against the petitioner is omnibus and general. Moreover, elder brother of the husband of the victim, namely, Lotan Sah @ Lutan Sah has been granted privilege of anticipatory bail by a co-ordinate Bench of this Court, vide order dated 19.02.2019, passed in Cr. Misc. No. 9954 of 2019. Learned APP submits that the petitioner is named in the FIR with specific accusation.
Considering the thrust of accusation being levelled against the husband of the victim, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with
Patna High Court CR. MISC. No.11985 of 2019(2) dt.27-02-2019 3/3 Runnisaidpur P.S. Case No. 387 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T